Coinage Offences Act

Link to law: http://laws.gov.ag/acts/chapters/cap-88.pdf
Published: 0000

Coinage Offences (CAP. 88

CHAPTER 88

THE COINAGE OFFENCES ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Counterfeiting gold or silver coin.
Colouring coin, or metal with intent.
Impairing gold or silver coin with intent.
Unlawful possession of filings or clippings of gold or

silver coin.
Buying or selling, &c., counterfeit gold or silver coin

for lower value.
Importing counterfeit coin.
Exporting counterfeit coin.
Uttering counterfeit gold or silver coin.
Uttering, accompanied by possession of other counterfeit

coin, or followed by second uttering.
Uttering coin less than lawful weight.
Having counterfeit gold or silver coin in possession, etc.
Second offence of uttering, etc., after previous

conviction.
Uttering medals, &c., as current coin with intent to

defraud.
Counterfeiting, &c., copper coin.
Uttering base copper coin.
Defacing the coin by stamping words thereon.
Tender of coin so defaced not legal tender.
Punishment for selling medals resembling current coin.
Making, mending, or having possession of any coining

tools, to be felony.
Conveying tools, &c., out of the mint without authority,

felony.
Coin suspected to be diminished or counterfeit may be

cut by any person to whom it is tendered.

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2 CAP. 88) Coinage Offences

24. Discovery and seizure of counterfeit coin and coining
tools.

25. Counterfeit coin to be cut in pieces.
26. Proof of coin being counterfeit.
27. Difference in the date, year, &c., on counterfeit coin

no reason for acquitting any person.
28. When offence, in certain cases, to be deemed complete.
29. Power of arrest.
30. Fine, and sureties for keeping the peace.

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Coinage Offences (CAP. 88 3

COINAGE OFFENCES

1. This Act may be cited as the Coinage Offences Act. Short title.

2. (1) In this Act- Interpretation.

"current coin" includes any coin coined in any of Her
Majesty's mints, or lawfully current, by virtue of
any proclamation or otherwise, in Antigua and Bar-
buda or in any other part of the Commonwealth, 2911937.
or lawfully current in any foreign country;

"current gold or silver coin" includes any gold or silver
coin coined in any of Her Majesty's mints, or
lawfully current, by virtue of any proclamation or
otherwise, in Antigua and Barbuda or in any other
part of the Commonwealth, or lawfully current in
any foreign country;

'6 copper coin" includes any coin of any metal or mix-
ed metal (not being a gold or silver coin) coined
in any of Her Majesty's mints, or lawfully current,
by virtue of any proclamation or otherwise, in
Antigua and Barbuda or in any other part of the
Commonwealth, or lawfully current in any foreign
country;

"false or counterfeit coin resembling or apparently
intended to resemble or pass for any current gold
or silver coin" includes any of the current coin
which shall have been gilt, silvered, washed, col-
oured, or cased over, or in any manner altered so
as to resemble, or be apparently intended to resem-
ble or pass for, any current coin of a higher
denomination.

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4 CAP. 88) Coinage Offences

(2) Where the having any matter in the custody or
possession of any person is mentioned in this Act, it shall
include, not only the having of it by himself in his personal
custody or possession, but also the knowingly and wilfully
having it in the actual custody or possession of any other
person, and also the knowingly and wilfully having it in any
dwelling house, or other building, lodging, apartment, field
or other place, open or enclosed, whether belonging to or
occupied by himself or not, and whether such matter shall
be so had for his own use or benefit or for that of any other
person.

Counterfeiting
gold or silver

3. Whosoever shall falsely make or counterfeit any
coin. coin resembling, or apparently intended to resemble or pass

for, any current gold or silver coin shall be guilty of felony,
and shall be liable to be imprisoned for any term not ex-
ceeding fourteen years, with or without hard labour.

Colouring coin,
or metal with

4. Whosoever shall gild or silver, or shall, with any
intent. wash or materials capable of producing the colour or

appearance of gold or of silver, or, by any means whatsoever,
wash, case over, or colour, any coin whatsoever resembl-
ing, or apparently intended to resemble or pass for, any cur-
rent gold or silver coin; or shall gild or silver, or shall, with
any wash or materials capable of producing the colour or
appearance of gold or of silver, or, by any means whatsoever,
wash, case over, or colour, any piece of silver or copper,
or of coarse gold or coarse silver, or of any metal or mixture
of metals, respectively, being of a fit size and figure to be
coined, and with intent that the same shall be coined into
false and counterfeit coin resembling or apparently intended
to resemble or pass for, any current gold or silver coin; or
shall gild, or shall, with any wash or materials capable of
producing the colour or appearance of gold, or, by any means
whatsoever, wash, case over, or colour, any current silver
coin, or file or in any manner alter such coin, with intent
to make the same resemble or pass for any current gold coin;
or shall gild or silver, or shall, with any wash or materials
capable of producing the colour or appearance of gold or
silver, or by any means whatsoever, wash, case over, or col-
our, any current copper coin, or file or in any manner alter
such coin, with intent to make the same resemble or pass
for any current gold or silver coin, shall be guilty of felony,

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Coinage Offences (CAP. 88

and shall be liable to be imprisoned for any term not
exceeding fourteen years, with or without hard labour.

5 . Whosoever shall impair, diminish, or lighten any Imp~iring gold
or s~lver coin current gold or silver coin, with intent that the coin so intent.

impaired, diminished, or lightened may pass for current gold
or silver coin, shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding two years, with
or without hard labour.

6. Whosoever shall unlawfully have in his custody or U,",'s",yzn of
possession any filings or clippings, or any gold or silver Lings or
bullion, or any gold or silver in dust, solution, or otherwise, ~ ~ ~ ~ ~ , " ~ c " , ' ~ ~ ~ ~ ~
which shall have been produced or obtained by impairing,
diminishing, or lightening any current gold or silver coin,
knowing the same to have been so produced or obtained,
shall be guilty of felony, and shall be liable to be imprisoned
for any term not exceeding two years, with or without hard
labour.

7. Whosoever, without lawful authority or excuse (the Buying or
selling, &c., roof whereof shall lie on the party accused), shall buy, sell, counterfeit

receive, pay, or put off, or offer to buy, sell, receive, pay, Or silver coin for
lower value. or put off, any false or counterfeit coin resembling, or

apparently intended to resemble or pass for, any current gold
or silver coin, at or for a lower rate or value than the same
imports, or was apparently intended to import, shall be guilty
of felony, and shall be liable to be imprisoned for any term
not exceeding two years with or without hard labour; and
in any indictment for any such offence as in this section
aforesaid, it shall be sufficient to allege that the party accused
did buy, sell, receive, pay, or put off, or did offer to buy,
sell, receive, pay, or put off, the false or counterfeit coin
at or for a lower rate or value than the same imports, or
was apparently intended to import, without alleging at or
for what rate, price, or value the same was bought, sold,
received, paid, or put off, or offered to be bought, sold, receiv-
ed, paid, or put off.

8. Whosoever, without lawful authority or excuse (the counterfeit Importing coin.
proof whereof shall lie on the party accused), shall import
or receive into Antigua and Barbuda any false or counterfeit
coin resembling, or apparently intended to resemble or pass
for, any current gold or silver coin, knowing the same to

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6 CAP. 88) Coinage Offences

be false or counterfeit, shall be guilty of felony, and shall
be liable to be imprisoned for any term not exceeding four-
teen years, with or without hard labour.

Exporting
counterfeit coin. 9. Whosoever, without lawful authority or excuse (the

proof whereof shall lie on the party accused), shall export,
or put on board any ship, vessel, or boat, or any carriage
or vehicle of any description whatsoever, for the purpose of
being exported from Antigua and Barbuda, any false or
counterfeit coin resembling, or apparently intended to resem-
ble or pass for, any current coin, knowing the same to be
false or counterfeit, shall be guilty of a felony, and shall be
liable to be imprisoned for any term not exceeding fourteen
years, with or without hard labour.

Uttering
counterfeit gold

10. Whosoever shall tender, utter, or put off any false
or silver coin. or counterfeit coin resembling, or apparently intended to

resemble or pass for, any current gold or silver coin, know-
ing the same to be false or counterfeit, shall be guilty of a
misdemeanour, and shall be liable to be imprisoned for any
term not exceeding two years, with or without hard labour.

Uttering,
accompanied by

1 . Whosoever shall tender, utter, or put off any false
possession of 01. counterfeit coin resembling, or apparently intended to
other counterfeit resemble or pass for, any current gold or silver coin, know-
coin, or followed
by second ing the same to be false or counterfeit, and shall, at the time
uttering. of such tendering, uttering, or putting off, have in his custody

or possession, besides the false or counterfeit coin so tendered,
uttered, or put off, any other piece of false or counterfeit
coin resembling, or apparently intended to resemble or pass
for, any current gold or silver coin, or shall, either on the
day of such tendering, uttering, or putting off, or within
the space of ten days then next ensuing, tender, utter, or
put off any false or counterfeit coin resembling, or apparently
intended to resemble or pass for, any current gold or silver
coin, knowing the same to be false or counterfeit, shall be
guilty of a misdemeanour, and shall be liable to be imprisoned
for any term not exceeding two years, with or without hard
labour.

Uttering coin less 12. Whosoever shall tender, utter, or put off as being
than lawful
weight. current, any gold or silver coin of less than its lawful weight,

knowing such coin to have been impaired, diminished, or
lightened otherwise than by lawful wear, shall be guilty of

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Coinage Offences (CAP. 88 7

a misdemeanour, and shall be liable to be imprisoned for
any term not exceeding one year, with or without hard
labour.

13. Whosoever shall have in his custody or posses- Having
counterfeit gold

sion three or more pieces of false or counterfeit coin, resembl- ..in in
ing, or apparently intended to resemble or pass for, any cur- possession>
rent gold or silver coin, knowing the same to be false or
counterfeit, and with intent to utter or put off the same or
any of them, shall be guilty of a misdemeanour, and shall
be liable to be imprisoned for any term not exceeding two
years.

14. Whosoever, having been convicted of any such Second Offence Of
uttering, etc.,

misdemeanour as in any of the last three preceding sections after previous
mentioned, or of any felony against this Act, shall afterwards conviction.
commit any of the misdemeanours in any of the said sec-
tions mentioned shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding two years, with
or without hard labour.

15. Whosoever shall, with intent to defraud, tender, ~ ~ ; ~ g c ~ " ~ .
utter, or put off, as or for any current gold or silver coin, coin ,ith intent
any coin not being such current gold or silver coin, or any to defraud.
medal, or piece of metal or mixed metals, resembling in size,
figure and colour the current coin as or for which the same
shall be so tendered, uttered, or put off, such coin, or medal,
or piece of metal or mixed metals, so tendered, uttered, or
put off, being of less value than the current coin as or for
which the same is so tendered, uttered, or put off, shall be
guilty of a misdemeanour, and shall be liable to be imprisoned
for any term not exceeding one year, with or without hard
labour.

16. Whosoever shall falsely make or counterfeit any ~ ~ ~ f $ ~ ~ ; ~ i n .
coin resembling, or apparently intended to resemble or pass
for, any current copper coin, and whosoever, without lawful
authority or excuse (the proof whereof shall lie on the party
accused), shall knowingly make or mend, or begin or pro-
ceed to make or mend, or buy or sell, or have in his custody
or possession, any instrument, tool, or engine adapted and
intended for the counterfeiting any current copper coin, or
shall buy, sell, receive, pay, or put off, or offer to buy, sell,

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CAP. 88) Coinage Offences

receive, pay, or put off, any false or counterfeit coin resembl-
ing, or apparently intended to resemble or pass for, any cur-
rent copper coin, at or for a lower rate or value than the
same imports, or was apparently intended to resemble or
pass for, any current copper coin, at or for a lower rate or
value than the same imports, or was apparently intended
to import, shall be guilty of felony, and shall be liable to
be imprisoned for any term not exceeding two years, with
or without hard labour.

Uttering base
copper coin.

17. Whosoever shall tender, utter, or put off any false
or counterfeit coin resembling, or apparently intended to
resemble or pass for, any current copper coin, knowing the
same to be false or counterfeit, or shall have in his custody
or possession three or more pieces of false or counterfeit coin
resembling, or apparently intended to resemble or pass for,
any current copper coin, knowing the same to be false or
counterfeit, and with intent to utter or put off the same, or
any of them, shall be guilty of a misdemeanour, and shall
be liable to be imprisoned for any term not exceeding one
year, with or without hard labour.

Defacing the coin
by stamping

18. Whosoever shall deface any current gold, silver,
words thereon. Or copper coin by stamping thereon any names or words,

whether such coin shall or shall not be thereby diminished
or lightened, and shall afterwards tender the same, shall be
guilty of a misdemeanour, and shall be liable to be imprisoned
for any term not exceeding two years, with or without hard
labour.

Tender of coin 19. No tender of payment in money made in any
so defaced not
legal tender. gold, silver, or copper coin so defaced by stamping, as in

the last preceding section mentioned, shall be allowed to be
a legal tender; and whosoever shall tender, utter, or put off
any coin so defaced shall, on summary conviction, be liable
to a fine not exceeding one thousand dollars:

Provided that it shall not be lawful for any person to
proceed for any such last-mentioned penalty without the con-
sent of the Attorney-General.

Punishment for
selling medals

20. If any person without due authority or excuse (the
rclembling proof whereof shall lie on the person accused) makes or has
current coin. in his possession for sale, or offers for sale, or sells any medal,

F.A. 2911937.
cast, coin or any other like thing made wholly or partially

LAWS OF ANTIGUA AND BARBUDA

Coinage Offences (CAP. 88

of metal or any metallic combination and resembling in size,
figure, and colour any current gold or silver coin, or having
thereon a device resembling any device on any current gold
or silver coin, or being so formed that it can by gilding,
silvering, colouring, washing or other like process, be so dealt
with as to resemble any current gold or silver coin, he shall
be guilty of a misdemeanour and being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
one year, with or without hard labour.

2 1. Whosoever, without lawful authority, or excuse E,",k&:;, or
(the proof whereof shall lie on the party accused), shall having possession
knowingly make or mend, or begin or proceed to make or
mend, or buy or sell, or have in his custody or possession, felon;.
any puncheon, counter puncheon, matrix, stamp, die, pattern
or mould, in or upon which there shall be made or impressed,
or which will make or impress, or which shall be adapted
and intended to make or impress, the figure, stamp, or
apparent resemblance of both or either of the sides of any
current gold or silver coin, or any part or parts of both or
either of such sides, or shall make or mend, or begin or
proceed to make or mend, or shall buy or sell, or have in
his custody or possession, any edger, edging, or other tool,
collar, instrument, or engine, adapted and intended for the
marking of coin round the edges with letters, graining, or
other marks or figures, apparently resembling those on the
edges of any such coin as in this section aforesaid, knowing
the same to be scl adapted and intended, as aforesaid, or
shall make or mend, or begin or proceed to make or mend,
or shall buy or sell, or have in his custody or possession,
any press for coinage, or any cutting engine for cutting by
force of a screw, or of any other contrivance, round blanks
out of gold, silver, or other metal or mixture of metals, or
any other machine, knowing such press to be a press for
coinage or knowing such engine or machine to have been
used, or to be intended to be used, for or in order to the
false making or counterfeiting of any such coin as in this
section aforesaid, shall be guilty of felony, and shall be liable
to be imprisoned for any term not exceeding two years, with
or without hard labour.

22. Whosoever, without lawful authority or excuse Conveying tools,
&c., out of the

(the proof whereof shall lie on the party accused), shall know- ,in, ,;,bout
ingly convey out of any of Her Majesty's mints, into Antigua authority, felony.

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10 CAP. 88) Coinage Offences

and Barbuda, any puncheon, counter puncheon, matrix,
stamp, die, pattern, mould, edger, edging, or other tool,
collar, instrument, press, or engine, used or employed in
or about the coining of coin, or any useful part of any of
the several matters aforesaid, or any coin, bullion, metal,
or mixture of metals, shall be guilty of felony, and shall be
liable to be imprisoned for any term not exceeding two years,
with or without hard labour.

Coins suspected
to be diminished

23. Where any coin shall be tendered as current gold
or counterfeit or silver coin to any person who shall suspect the same to

be cut by be diminished otherwise than by reasonable wearing, or to
any person to
whom it is be counterfeit, it shall be lawful for such person to cut, break,
tendered. bend, or deface such coin, and if any coin, so cut, broken,

bent, or defaced, shall appear to be diminished otherwise
than by reasonable wearing, or to be counterfeit, the person
tendering the same shall bear the loss thereof; but if the same
shall be of due weight and appear to be lawful coin, the per-
son cutting, breaking, bending, or defacing the same is hereby
required to receive the same at the rate it was coined for;
and if any dispute shall arise whether the coin so cut, broken,
bent, or defaced is diminished in manner aforesaid, or
counterfeit, it shall be heard and finally determined in a sum-
mary manner by any Magistrate, who is hereby empowered
to examine upon oath as well as the parties as any other
person, in order to the decision of such dispute; and the
receivers of every branch of Her Majesty's revenue in An-
tigua and Barbuda are hereby required to cut, break or
deface, or cause to be cut, broken or defaced, every piece
of counterfeit or unlawfully diminished gold or silver coin
which shall be tendered to them in payment of any part of
Her Majesty's revenue in Antigua and Barbuda.

Discovery and
seizure of

24. If any person shall find or discover in any place
counterfeit coin whatever, or in the custody or possession of any person hav- , - , -
and coining ing the same without lawful authority or excuse, any false
tools.

or counterfeit coin resembling, or apparently intended to
resemble or pass for, any current gold, silver, or copper coin,
or any instrument, tool, or engine whatsoever, adapted and
intended for the counterfeiting of any such coin, or any fil-
ings or clippings, or any gold or silver bullion, or any gold
or silver in dust, solution, or otherwise, which shall have
been produced or obtained by diminishing or lightening any
current gold or silver coin, it shall be lawful for the person

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Coinage Offences (CAP. 88 11

so finding or discovering, and he is hereby required, to seize
the same, and to carry the same forthwith before a
Magistrate, and, where it shall be proved on the oath of a
credible witness before any such Magistrate that there is a
reasonable cause to suspect that any person has been
concerned in counterfeiting current gold, silver, or copper
coin, as is in this Act before mentioned, or has in his custody
or possession any such false or counterfeit coin, or any
instrument, tool, or engine whatsoever adapted and intended
for the making or counterfeiting of any such coin, or any other
machine used, or intended to be used, for making or
counterfeiting any such coin, or any such filings, clippings
or bullion, or any such gold or silver in dust, solution, or
otherwise, as aforesaid, it shall be lawful for such Magistrate,
by warrant under his hand, to cause any place whatsoever
belonging to, or in the occupation or under the control of,
such suspected person to be searched, either in the day or
in the night, and, if any such false or counterfeit coin, or
any such instrument, tool, or engine, or any such machine,
or any such filings, clippings, or bullion, or any such gold
or silver in dust, solution or otherwise, as aforesaid, shall
be found in any place so searched, to cause the same to be
seized and carried forthwith before him or some other
Magistrate, and whensoever any such false or counterfeit
coin, or any such instrument, tool or engine, or any such
machine, or any such filings, clippings, or bullion, or any
such gold or silver in dust, solution, or otherwise, as aforesaid,
shall, in any case whatsoever, be seized and carried before
a Magistrate, he shall, if necessary, cause the same to be
secured for the purpose of being produced in evidence against
any person who may be prosecuted for an offence against
this Act, and all such false and counterfeit coin, and all
instruments, tools, and engines adapted and intended for
the making or counterfeiting of coin, and all such machines,
and all such filings, clippings, and bullion, and all such gold
and silver in dust, solution, or otherwise, as aforesaid, after
they shall have been produced in evidence, or when they
shall have been seized and shall not be required to be pro-
duced in evidence, shall forthwith, by order of the Court,
be defaced or otherwise disposed of as the Court may direct.

25. If any false or counterfeit coin be produced in zgtz$yncoin
any Court of Law, the Court shall order the same to be cut pi,c,,.
in pieces in open Court, or in the presence of a Magistrate,

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12 CAP. 88) Coinage Offences

Proof of coin
being counterfeit.

Difference in the
date, year, &c.,
on counterfeit
coin no reason
for acquitting
any person.

When offence, in
certain cases, to
be deemed
complete.

Power of arrest

and then delivered to or for the lawful owner thereof, if such
owner claims the same.

26. Where, upon trial of any person charged with
any offence against this Act, it shall be necessary to prove
that any coin produced in evidence against such person is
false or counterfeit, it shall not be necessary to prove the
same to be false and counterfeit by the evidence of any
moneyer or other officer of Her Majesty's mint, but it shall
be sufficient to prove the same to be false or counterfeit by
the evidence of any other credible witness.

27. Upon the trial of any person accused of any
offence alleged to have been committed against the provi-
sions of this Act, no difference in the date or year, or in
any legend, marked upon the lawful coin described in the
indictment, and the date or year, or legend, marked upon
the false coin counterfeited to resemble or pass for such lawful
coin, or upon any die, plate, press, tool, or instrument used,
devised, constructed, adapted, or designed for the purpose
of counterfeiting or imitating any such lawful coin, shall be
considered a just or lawful cause or reason for acquitting
any such person of such offence, and it shall, in any case,
be sufficient to prove such general resemblance to the lawful
coin as will show an intention that the counterfeit should
pass for it.

28. Every offence of falsely making or counterfeiting
any coin, or of buying, selling, receiving, paying, tendering,
uttering, or putting off, or of offering to buy, sell, receive,
pay, utter, or put off, any false or counterfeit coin, against
the provisions of this Act, shall be deemed to be complete
although the coin so made or counterfeited, or bought, sold,
received, paid, tendered, uttered, or put off, or offered to
be bought, sold, received, paid, tendered, uttered, or put
off, shall not be in a fit state to be uttered, or the
counterfeiting thereof was not finished or perfected.

29. It shall be lawful for any person whatsoever to
apprehend any person who shall be found committing any
indictable offence against this Act, and to convey or deliver
him to some peace officer, constable or officer of police, in
order to his being conveyed, as soon as reasonably may be,
before a Magistrate, to be dealt with according to law.

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Coinage Offences (CAP. 88 13

30. Whenever any person shall be convicted of any ;j:ee;;.&
indictable misdemeanour punishable under this Act, the keeping the
Court may, if it shall think fit, in addition to, or in lieu, peace.
of any of the punishments by this Act authorized, fine the
offender, and require him to enter into his own reco,gnizances,
and to find sureties, both or either, for keeping the peace
and being of good behaviour; and in case of any felony
punishable under this Act, the Court may, if it shall think
fit, require the offender to enter into his own recognizances
and to find sureties, both or either, for keeping the peace,
in addition to any punishment by this Act authorized:

Provided that no person shall be imprisoned under this
section for not finding sureties for any period exceeding one
year.
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